Bullock v. Astrue

Filing 33

MEMORANDUM AND ORDER re: IT IS HEREBY ORDERED that Plaintiff's Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act (ECF No. 30 ) is GRANTED in the amount of $3,834.00. IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff.. Signed by Magistrate Judge Terry I. Adelman on 4/17/14. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROBERT BULLOCK,
Plaintiff,
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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No. 4:12CV2396 TIA

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Award of Attorney Fees Pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (ECF No. 30). The parties
consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).
On January 2, 2014, the undersigned reversed the Commissioner’s decision and remanded
Plaintiff’s case to the Commissioner for further proceedings. Plaintiff now seeks attorney’s fees in
the amount of $3,834.00, which represents 21.6 hours of attorney work from Eve D. Dake at the
rate of $177.50 per hour. Defendant filed a response to Plaintiff’s motion, stating that she has no
objection to an award of EAJA fees of $3,834.00 to be paid by the Social Security
Administration.
In EAJA actions, the district court has the authority to award reasonable and necessary
expenses associated with adjudicating a claim for social security benefits. Kelly v. Bowen, 862
F.2d 1333, 1335 (8th Cir. 1988). The Court finds that Plaintiff is entitled to EAJA fees in the
amount of $3,834.00, payable to the Plaintiff as the prevailing party. Astrue v. Ratliff, 560 U.S.
586, 130 S. Ct. 2521, 2527 (2010) (holding that EAJA fees are payable to the prevailing party

and may be subject to offset to satisfy any pre-existing debt owed to the United States). An
appropriate Judgment will accompany this Memorandum and Order.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Award of Attorney Fees
Pursuant to the Equal Access to Justice Act (ECF No. 30) is GRANTED in the amount of
$3,834.00.
IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this 17th day of April, 2014.

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